
[Federal Register Volume 84, Number 27 (Friday, February 8, 2019)]
[Proposed Rules]
[Pages 2793-2796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01500]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0046; Product Identifier 2018-CE-040-AD]
RIN 2120-AA64


Airworthiness Directives; Learjet, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede Airworthiness Directive (AD) 2017-11-
09, which applies to certain Learjet, Inc. (Learjet), Model 60 
airplanes. AD 2017-11-09 requires a one-time inspection of the fuselage 
skin for corrosion and, as necessary, additional related inspections 
and corrective actions. Since we issued AD 2017-11-09, we identified an 
error in the fluorescent dye penetrant inspection of the fuselage skin 
and an ambiguity in the compliance time for the fluorescent dye 
penetrant inspection. We are proposing this AD to clarify the 
compliance time and correct an error for the fluorescent dye penetrant 
inspection of the fuselage skin.

DATES: We must receive comments on this proposed AD by March 25, 2019.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.

[[Page 2794]]

     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Learjet, 
Inc., One Learjet Way, Wichita, KS 67209-2942; telephone: 316-946-2000; 
fax: 316-946-2220; email: ac.ict@aero.bombardier.com; internet: http://www.bombardier.com. You may view this service information at the FAA, 
Policy and Innovation Division, 901 Locust, Kansas City, Missouri 
64106. For information on the availability of this material at the FAA, 
call (816) 329-4148.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0046; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this NPRM, the regulatory evaluation, any comments received, and other 
information. The street address for Docket Operations (phone: 800-647-
5527) is listed above. Comments will be available in the AD docket 
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Tara Shawn, Aerospace Engineer, 
Wichita ACO Branch, 1801 Airport Road, Room 100, Wichita, Kansas 67209; 
telephone: (316) 946-4141; fax: (316) 946-4107; email: 
tara.shawn@faa.gov or Wichita-COS@faa.gov.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2019-0046; 
Product Identifier 2018-CE-040-AD'' at the beginning of your comments. 
We specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this NPRM. We will consider all 
comments received by the closing date and may amend this NPRM because 
of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    We issued AD 2017-08-07, Amendment 39-18856 (82 FR 18084, April 17, 
2017) (``2017-08-07'') for certain serial-numbered Learjet Model 60 
airplanes. AD 2017-08-07 required a one-time inspection of the fuselage 
skin for corrosion and, as necessary, additional related inspections 
and corrective actions. AD 2017-08-07 resulted from an evaluation by 
the design approval holder that indicated the upper fuselage skin under 
the aft oxygen line fairing is subject to multi-site damage. We issued 
AD 2017-08-07 to detect and correct corrosion of the fuselage skin, 
which could result in reduced structural integrity of the airplane.
    After we issued AD 2017-08-07, we determined that only certain 
airplanes listed in the applicability of AD 2017-08-07 are affected by 
the unsafe condition. Therefore, we issued AD 2017-11-09, Amendment 39-
18908 (82 FR 24462, May 30, 2017) (``AD 2017-11-09'') to supersede AD 
2017-08-07. AD 2017-11-09 retained all of the actions of AD 2017-08-07 
but revised the applicability to identify only airplanes with a dorsal-
mounted oxygen bottle and airplanes that have had the dorsal-mounted 
oxygen bottle removed but have retained the oxygen line fairing 
installed on top of the fuselage.

Actions Since AD 2017-11-09 Was Issued

    Since we issued AD 2017-11-09, we identified an error in the area 
of the fluorescent dye penetrant inspection requirement. AD 2017-11-09 
requires the fluorescent penetrant inspection of the fuselage skin 
between stringers (S)-2L and S-2R. Bombardier Learjet 60 Service 
Bulletin (SB) 60-53-19, Recommended, Revision 3, dated August 29, 2016, 
specifies inspecting a smaller area, only out to the fairing end caps.
    We also identified an ambiguity in the compliance time for the 
inspection of the fuselage skin. Paragraphs (g)(1) through (3) of AD 
2017-11-09 do not specify that the date of issuance of the original 
airworthiness certificate or the date of issuance of the original 
export certificate of airworthiness should be whichever date is 
earlier.
    We are proposing this AD to correct the error of the inspection 
area and clarify the compliance times for the fluorescent dye penetrant 
inspection of the fuselage skin. This proposed AD will detect and 
correct corrosion of the fuselage skin, which could result in reduced 
structural integrity of the airplane.

Related Service Information Under 1 CFR Part 51

    We reviewed Bombardier Learjet 60 Service Bulletin (SB) 60-53-19, 
Revision 3, dated August 29, 2016. This service information was 
previously approved for incorporation by reference in AD 2017-08-07 and 
AD 2017-11-09 retained the incorporation by reference of this SB. The 
service information describes procedures for inspections of the 
fuselage crown skin for corrosion and, as necessary, related 
investigative inspections and corrective actions. This service 
information is reasonably available because the interested parties have 
access to it through their normal course of business or by the means 
identified in the ADDRESSES section.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would retain all requirements of AD 2017-11-09. 
However, we removed the language in paragraph (g) that identified the 
area of the fuselage skin to be inspected as ``between stringers (S)-2L 
and S-2R.'' Both this proposed AD and AD 2017-11-09 require following 
the instructions in Bombardier Learjet 60, Service Bulletin SB 60-53-
19, Revision 3, dated August 29, 2016, which requires inspection of a 
smaller area (only out to the fairing end caps).

Costs of Compliance

    We estimate that this proposed AD affects 284 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
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                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
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Inspection (retained action from AD     46 work-hours x $85 per             $265          $4,175      $1,185,700
 2017-11-09).                            hour = $3,910.

[[Page 2795]]

 
Reporting (retained action from AD      1 work-hour x $85 per                  0              85          24,140
 2017-11-09).                            hour = $85.
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    This AD adds no additional economic burden. We have received no 
definitive data that would enable us to provide cost estimates for the 
on-condition actions specified in this AD. According to the 
manufacturer, some of the costs of this AD may be covered under 
warranty, thereby reducing the cost impact on affected individuals. We 
do not control warranty coverage for affected individuals. As a result, 
we have included all known costs in our cost estimate.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to a penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a currently valid OMB Control Number. The OMB 
Control Number for this information collection is 2120-0056. Public 
reporting for this collection of information is estimated to be 
approximately 1 hour per response, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, completing and reviewing the collection of 
information. All responses to this collection of information are 
mandatory. Send comments regarding this burden estimate or any other 
aspect of this collection of information, including suggestions for 
reducing this burden to: Information Collection Clearance Officer, 
Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 
76177-1524.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, Section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.
    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to small airplanes, gliders, 
balloons, airships, domestic business jet transport airplanes, and 
associated appliances to the Director of the Policy and Innovation 
Division.

Regulatory Findings

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that the proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD) 
2017-11-09, Amendment 39-18908 (82 FR 24462, May 30, 2017) and adding 
the following new AD:

Learjet, Inc.: Docket No. FAA-2019-0046; Product Identifier 2018-CE-
040-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by March 25, 
2019.

(b) Affected ADs

    This AD replaces AD 2017-11-09, Amendment 39-18908 (82 FR 24462, 
May 30, 2017) (``AD 2017-11-09'').

(c) Applicability

    This AD applies to Learjet, Inc., Model 60 airplanes, 
certificated in any category, having serial numbers 60-002 through 
60-430 inclusive, and having a configuration identified in paragraph 
(c)(1) or (2) of this AD.
    (1) Airplanes with a dorsal-mounted oxygen bottle.
    (2) Airplanes that have had the dorsal mounted oxygen bottle 
removed but have retained the oxygen line fairing installed on top 
of the fuselage.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by an evaluation by the design approval 
holder indicating that the upper fuselage skin under the aft oxygen 
line fairing is subject to multi-site damage. We are issuing this AD 
to detect and correct corrosion of the fuselage skin, which could 
result in reduced structural integrity of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

[[Page 2796]]

(g) Inspection of the Fuselage Skin, Related Investigative Inspections, 
and Corrective Actions

    At the applicable compliance times specified in paragraphs 
(g)(1) through (3) of this AD, do the fluorescent dye penetrant 
inspection of the fuselage skin for corrosion. Before further 
flight, do all related investigative and corrective actions. Follow 
the Accomplishment Instructions of Bombardier Learjet 60 Service 
Bulletin 60-53-19 Revision 3, dated August 29, 2016, (SB 60-53-19, 
Revision 3) except as required by paragraph (h) of this AD.
    (1) As of May 22, 2017 (the effective date of AD 2017-08-07, 
Amendment 39-18856 (82 FR 18084, April 17, 2017) (``2017-08-07''), 
which was superseded by AD 2017-11-09), any airplanes with more than 
12 years since the date of issuance of the original airworthiness 
certificate or the date of issuance of the original export 
certificate of airworthiness, whichever date is earlier: Inspect 
within 12 months after May 22, 2017 (the effective date of AD 2017-
08-07, which was superseded by 2017-11-09).
    (2) As of May 22, 2017 (the effective date of AD 2017-08-07, 
which was superseded by AD 2017-11-09), any airplanes with more than 
6 years but equal to or less than 12 years since the date of 
issuance of the original airworthiness certificate or the date of 
issuance of the original export certificate of airworthiness, 
whichever date is earlier: Inspect within 24 months after May 22, 
2017 (the effective date of AD 2017-08-07, which was superseded by 
AD 2017-11-09).
    (3) As of May 22, 2017 (the effective date of AD 2017-08-07, 
which was superseded by AD 2017-11-09), any airplanes with 6 years 
or less since the date of issuance of the original airworthiness 
certificate or the date of issuance of the original export 
certificate of airworthiness, whichever date is earlier: Inspect 
within 36 months after May 22, 2017 (the effective date of AD 2017-
08-07, which was superseded by AD 2017-11-09).

(h) Retained Service Information Exception, With No Changes

    This paragraph restates the requirements of paragraph (h) of AD 
2017-11-09, with no changes. Where SB 60-53-19, Revision 3, 
specifies contacting Learjet, Inc., for appropriate action: Before 
further flight, repair using a method approved in accordance with 
the procedures specified in paragraph (l) of this AD.

(i) Retained Reporting, With No Changes

    This paragraph restates the requirements of paragraph (i) of AD 
2017-11-09, with no changes. At the applicable time specified in 
paragraph (i)(1) or (i)(2) of this AD: Submit a report of the 
findings (both positive and negative) of the inspection required by 
the introductory text of paragraph (g) of this AD to: Wichita-COS@faa.gov; or Ann Johnson, Wichita ACO Branch, 1801 Airport Road, 
Wichita, KS 67209. The report must include the name of the owner, 
the address of the owner, the name of the organization incorporating 
Learjet 60 Service Bulletin 60-53-19, the date that inspection was 
completed, the name of the person submitting the report, the 
address, telephone number, and email of the person submitting the 
report, the airplane serial number, the total time (flight hours) on 
the airplane, the total number of landings on the airplane, whether 
corrosion was detected, whether corrosion was repaired, the 
structural repair manual (SRM) chapter and revision used (if 
repaired), and whether corrosion exceeded the minimum thickness 
specified in Bombardier Learjet 60 SB 60-53-19 (and specify the SRM 
chapter and revision, if used as an aid to determine minimum 
thickness).
    (1) If the inspection was done on or after May 22, 2017 (the 
effective date of AD 2017-08-07, which was superseded by AD 2017-11-
09): Submit the report within 30 days after the inspection.
    (2) If the inspection was done before May 22, 2017 (the 
effective date of AD 2017-08-07, which was superseded by AD 2017-11-
09): Submit the report within 30 days after May 22, 2017 (the 
effective date of AD 2017-08-07, which was superseded by AD 2017-11-
09).

(j) Credit for Previous Actions

    This AD allows credit for the actions required in the 
introductory text of paragraph (g) if completed before the effective 
date of this AD using the Accomplishment Instructions in Learjet 60 
SB 60-53-19, dated November 23, 2015; Learjet 60 SB 60-53-19 
Revision 1, dated April 4, 2016; or Learjet 60 SB 60-53-19 Revision 
2, dated April 18, 2016.

(k) Paperwork Reduction Act Burden Statement

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to a penalty 
for failure to comply with a collection of information subject to 
the requirements of the Paperwork Reduction Act unless that 
collection of information displays a current valid OMB Control 
Number. The OMB Control Number for this information collection is 
2120-0056. Public reporting for this collection of information is 
estimated to be approximately 1 hour per response, including the 
time for reviewing instructions, completing and reviewing the 
collection of information. All responses to this collection of 
information are mandatory. Comments concerning the accuracy of this 
burden and suggestions for reducing the burden should be directed to 
the FAA at: 800 Independence Ave. SW, Washington, DC 20591, Attn: 
Information Collection Clearance Officer, AES-200.

(l) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Wichita ACO Branch, FAA, has the authority to 
approve AMOCs for this AD, if requested using the procedures found 
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request 
to your principal inspector or local Flight Standards District 
Office, as appropriate. If sending information directly to the 
manager of the ACO Branch, send it to the attention of the person 
identified in paragraph (m)(1) of this AD.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.
    (3) An AMOC that provides an acceptable level of safety may be 
used for any repair, modification, or alteration required by this AD 
if it is approved by a Learjet, Inc., Designated Engineering 
Representative (DER), or a Unit Member (UM) of the Learjet 
Organization Designation Authorization (ODA), that has been 
authorized by the Manager, Wichita ACO Branch, to make those 
findings. To be approved, the repair, modification deviation, or 
alteration deviation must meet the certification basis of the 
airplane, and the approval must specifically refer to this AD.
    (4) AMOCs approved previously for AD 2017-08-07 or AD 2017-11-09 
should continue to be considered approved for the corresponding 
requirements in paragraph (g) of this AD.

(m) Related Information

    (1) For more information about this AD, contact Tara Shawn, 
Aerospace Engineer, Wichita ACO Branch, 1801 Airport Road, Room 100, 
Wichita, Kansas 67209; telephone: (316) 946-4141; fax: (316) 946-
4107; email: tara.shawn@faa.gov or Wichita-COS@faa.gov.
    (2) For service information identified in this AD, contact 
Learjet, Inc., One Learjet Way, Wichita, KS 67209-2942; telephone: 
316-946-2000; fax: 316-946-2220; email: ac.ict@aero.bombardier.com; 
internet: http://www.bombardier.com. You may view this service 
information at the FAA, Policy and Innovation Division, 901 Locust, 
Kansas City, Missouri 64106. For information on the availability of 
this material at the FAA, call (816) 329-4148.

    Issued in Kansas City, Missouri, on January 31, 2019.
Melvin J. Johnson,
Aircraft Certification Service, Deputy Director, Policy and Innovation 
Division, AIR-601.
[FR Doc. 2019-01500 Filed 2-7-19; 8:45 am]
BILLING CODE 4910-13-P


